Gujarat High Court
Vikrambhai Kantilal Parmar vs State Of Gujarat on 5 January, 2023
Bench: Samir J. Dave
R/CR.A/1989/2022 ORDER DATED: 05/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1989 of 2022
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VIKRAMBHAI KANTILAL PARMAR
Versus
STATE OF GUJARAT
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Appearance:
D H KANTHARIYA(7505) for the Appellant(s) No. 1
for the Opponent(s)/Respondent(s) No. 2,3
MR R C KODEKAR, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 05/01/2023
ORAL ORDER
1. By preferring present appeal under Section 14A of the
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act 1989 (In short "Atrocity Act"), learned advocate for the
appellant has requested to quash and set aside the judgment
and order dated 14.06.2022 passed by the Trial Court in
Criminal Misc.Application No.253 of 2002. The said application
was filed by the appellant herein to cancel the bail granted to the
respondent nos.2 & 3 herein vide order dated 25.06.2018 in
Criminal Misc. Application No.1463 of 2018.
2. Heard learned advocate for the appellant.
3. It was submitted by learned advocate for the appellant that
the respondent nos. 2 & 3 have breached the condition of bail
granted by this Court to them vide order dated 25.06.2018 in
Criminal Misc.Application No.1463 of 2018.
R/CR.A/1989/2022 ORDER DATED: 05/01/2023
3.1 Learned advocate for the appellant submits that the
appellant and present respondent nos.2 & 3 are residing in same
village. After releasing the bail, the respondent nos.2 & 3 have
admonish to the appellant and threatened and beaten the
appellant. Hence, the complaint came to be registered and from
that event, the appellant received injury. If the respondent nos.2
& 3 stay the outside of the jail, then the same was dangerous for
the appellant and his family, and therefore, it is required to
cancel the regular bail of the respondent nos.2 & 3.
3.2 Learned advocate for the appellant submits that
respondent nos.2 & 3 threatened to the appellant and misusing
their liberties and violating the bail conditions, which will clear
the facts of subsequent FIR vide C.R.No.I - 74 of 2018 registered
with Sanand Police Station, Ahmedabad. Therefore, impugned
order is required to be quash and set aside and respondent
nos.2 & 3 may be sent back to the jail in the interest of justice.
3.3 Learned advocate for the appellant submits that
respondent nos.2 & 3 have again assaulted the appellant and
also hampered and tempered with the witnesses.
3.5 Learned advocate for the appellant submits that the
respondent nos.2 & 3 are head strong persons and so many
complaints lodged against them. It is also submitted that
thereafter two - three incidents have occurred. Therefore, the
present appellant has demanded the police protection and as per
the request, the police authority has given the police protection
R/CR.A/1989/2022 ORDER DATED: 05/01/2023
to the appellant. However, present respondent nos.2 & 3 have
tried to kill the appellant, and therefore, he has approached the
DGP, Gandhinagar to put military force in his Dalitvas and
protect them.
3.6 Learned advocate for the appellant submits that
cancellation of bail against the other co-accused is also filed
before this Court, which came to be allowed and this Court has
cancelled the bail.
4. Heard learned advocate for the appellant and findings
arrived at by the trial court while dismissing prayer made by the
present appellant. Prosecution has attracted Sections 3(1)(r) (s)
and 3(2)(5) of the Atrocity Act. Prevention of Atrocities Act
meticulous mechanism for relief against the grant of bail order
by way of appeal within stipulated time. Without availing the
remedy exhausted by the appellant application, preferred by the
appellant under Section 439(2) of the Code of Criminal
Procedure, cannot be said maintainable. As the order passed by
the learned Special Court granting regular bail vide order dated
09.07.2018 to the present respondents in connection with II-
C.R. No.76 of 2018 was never challenged by the appellant under
Section 14(A) of the Act. It further appears that learned Special
Court has considered different FIRs which includes prior to
registration of the offence being II- C.R. No.76 of 2018 with
Changodar Police Station, Dist:Ahmedabad and subsequent FIR,
which was registered within short span in the year-2018 after
registration of II- C.R. No.76 of 2018. It further appears that in
connection with the subsequent FIR I-C.R. No.74 of 2018
R/CR.A/1989/2022 ORDER DATED: 05/01/2023
registered with Sanand Police Station, accused were released on
regular bail by learned 11th (Ad-hoc) Additional Sessions Judge,
Ahmedabad (Rural), Ahmedabad on 06.08.2018 in Criminal
Misc. Application No.1859 of 2018. The said order was passed
after considering the objections filed the appellant. As per the
scheme of the Atrocities Act, order passed by the learned 11th
(Ad-hoc) Additional Sessions Judge, Ahmedabad (Rural),
Ahmedabad in Criminal Misc. Application No.1859 of 2018 was
appellable under Section 14(A) of the Act subject to limitation,
however no appeal was filed against the said order of bail by the
respondent No.2. Without taking legal recourse as contemplated
by law, cancelling the bail granted in faovur of the appellants in
Criminal Misc. Application No.1601 of 2018 dated 09.07.2018
would be violation of judicial decorum and without following
recourses.
5. Thus, trial court has rightly observed in its judgment and
order dated 14.06.2022 while rejecting Criminal Misc.Application
No.253 of 2002 preferred under Section 439(2) of the Code of
Criminal procedure. As per opinion of this Court, no error is
committed by the trial court in rejecting cancellation of bail
application preferred by the present appellant against the
respondent nos.2 and 3 herein. As no prima facie case is made
out by this appellant against the respondents nos. 2 & 3, this
appeal is summarily dismissed.
(SAMIR J. DAVE,J)
GIRISH
